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NEWBERG: Thank you, Madam Chair. I'm not sure if I was ahead of Barbara or not. I just
<br /> wanted to add clarity. I know we are trying to make a clean proposed motion here, and I know in
<br /> discussion it was mentioned that this would be the last SMA approval on this property, but I'm
<br /> not sure if it was included in the motion by Mr. Vitousek. I just want to add that if there was
<br /> clarity on that.
<br /> CARR SMITH: Okay, good.
<br /> NEWBERG: Yeah.
<br /> FUKE: Yeah, if I can add to that, Commissioner. You know, like it would read, "Failure to
<br /> comply with this timetable shall result in the automatic nullity of this permit." That means if you
<br /> - - - action, if you don't meet the timetable, you are out. The only exception is if you are kind of
<br /> like close to finishing, then, you know, you are substantial-you know, substantially constructed
<br /> but not completed, then you still need to have an extension by the Planning Commission. And
<br /> substantial would be pretty much as generally defined by like this dialogue today.
<br /> CARR SMITH: Thank you very much. Barbara?
<br /> NEWBERG: Thank you.
<br /> DEFRANCO: Hi, yeah, my question is along those lines, too,just to be clear. So let's say that
<br /> we go along, and they haven't met the timeline, so if it becomes nullifiedI'm going back to
<br /> some of Mike's, Mr. Vitousek's comments—so it's nullified, and then there is this big cement
<br /> slab there. Are they responsible to remove anything that they've done, if it doesn't happen?
<br /> What, what is, what happens then? Is there a way to tie that to their non-completion is the
<br /> responsibility of giving it back to the county in some usable forms? That's my question.
<br /> CARR SMITH: Thank you, Barbara. Who wants to answer that? Go ahead, Sid.
<br /> FUKE: I would, yeah, I would think that, you know, if they haven't really started and, for
<br /> example, they fail to submit plans for plan approval by whatever the date was, you know, like if
<br /> they fail to submit plans, you know, for plan approval, then the permit, if it gets approved today,
<br /> is automatically nullified. And then there's really like no incentive for the developer to do
<br /> anything but just leave the property as it is. So ifI would think that ideally, you would hope,
<br /> right, the developer has the wherewithal and the desire to complete the project within the
<br /> schedule. And having it completed within the schedule would mean like a lot of the issues that
<br /> were raised today would actually go away. If any of the permits get nullified, then there is really
<br /> like no incentive for the developer to do anything other than just leaving it as it is. The
<br /> alternative option I think is what Commissioner Vitousek raised about like perhaps the
<br /> government should condemn and buy it. Then I would recommend under that basis that there is
<br /> a strong tension for wanting to have this property become public, then use the, you know, PASH
<br /> route, public access open space, and petition the county and the commission to put this on the list
<br /> of possible acquisition. So even if the project is like midway through it, and then the
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